68 a grant or a loan to an approved body or an individual for any project which contributes to the purpose, and is in accordance with the principles as prescribed. (2) SAHRA must prescribe the procedures for applications for approval and granting of financial assistance and the criteria for the assessment of projects. (3) A loan may be approved in such amount and subject to such terms and conditions 5 as SAHRA determines: Provided that a loan must be— (a) at the rate of interest for the time being fixed by the Minister, in consultation with the Minister of Finance; or (b) if the Minister, in consultation with the Minister of Finance, so approves— (i) at the rate of interest fixed by the Minister in respect of that loan; or 10 (ii) without interest. (4) Any financial assistance in terms of this section is to be provided out of a fund reserved by SAHRA for this purpose, which shall be called the National Heritage Resources Fund. Restitution of heritage objects 15 41. (1) When a community or body with a bona fide interest makes a claim for the restitution of a movable heritage resource which is part of the national estate and is held by or curated in a publicly funded institution, the institution concerned must enter into a process of negotiation with the claimants regarding the future of the resource. (2) The Minister may make regulations regarding the establishment of bona fide 20 interest in terms of subsection (1) and the conditions under which such claims may be made. (3) In the absence of an agreement on a heritage resource which is the subject of negotiations in terms of subsection (1), the claimants or the institution concerned may appeal to the Minister, who must, with due regard to subsection 5(4) and in a spirit of 25 compromise— (a) mediate between the parties concerned with the aim of finding a mutually satisfactory solution; and (b) in the absence of agreement between the parties concerned, make a final decision on the future of the resource, including any conditions necessary to 30 ensure its safety, the conditions of access of the claimants or the institution or any other interested party to the resource, or any other appropriate conditions. Heritage agreements 42. (1) (a) SAHRA, or a provincial heritage resources authority may negotiate and agree with a provincial authority, local authority, conservation body, person, or community for the execution of a heritage agreement to provide for the conservation, improvement or presentation of a clearly defined heritage resource: Provided that the consent of the owner of such resource must be given. (b) Such a heritage agreement must be in the form of a binding contract. (2) A heritage agreement may include such terms and conditions as the parties think fit, including provision for public access, and provision for financial or other assistance from the heritage authority concerned. (3) Without limiting subsection (2), a heritage agreement may be expressed to have effect in perpetuity or for any specified term, or to terminate upon the happening of a specific event. (4) A heritage agreement may, with the consent of the owner of the resource concerned, be varied or cancelled by agreement between the parties. (5) The consent of the owner of the resource concerned to the heritage agreement or any variation of the heritage agreement may be given, subject to the inclusion in the heritage agreement of any additional provisions or modified provisions, or to the deletion of such provisions, as the owner giving the consent considers necessary. (6) Nothing in this Act requires a heritage resources authority to negotiate or agree with any person or authority to enter into or execute any heritage agreement. (7) A heritage agreement in respect of a place attached to the land is binding on the owner of the place, as at the date of execution of the agreement while the agreement remains in force. 35 40 45 50 55